1.

Cyber Crime
1.1. Introduction Cybercrimes are defined as: "Offences that are committed against individuals or groups of individuals with a criminal motive to intentionally harm the reputation of the victim or cause physical or mental harm to the victim directly or indirectly, using modern telecommunication networks such as Internet (Chat rooms, emails, notice boards and groups) and mobile phones (SMS/MMS)". The growing list of cybercrimes includes crimes that have been made possible by computers, such as network intrusions and the dissemination of computer viruses, as well as computer-based variations of existing crimes, such as identity theft, bullying and terrorism. Cybercrime encompasses any criminal act dealing with computers and networks (called hacking). Cybercrime also includes traditional crimes conducted through the Internet. For example; telemarketing and Internet fraud, identity theft, and credit card account thefts are considered to be cybercrimes when the illegal activities are committed through the use of a computer and the Internet. 1.2. History Since the first spam e-mail sent on the Arpanet, there's been a steady rise in the complexity of online threats.The first spam e-mail was sent in 1978 over the Arpanet, the Defense Department network, by a Digital Equipment Corp. marketing executive named Gary Thuerk. Mass mailings (usually advertisements, though today they are as often criminal attacks) via an ever expanding array of channelsincluding e-mail, newsgroups, instant messaging, comment fields in blogs, cell phones and VOIP telephone systemsto a large group of recipients who have not requested them and have no ability to remove themselves from the mailing list . 1.3. Types Theft of Services:

Theft of services is, in many ways, the first "cyber" or "network-oriented" crime (albeit one which was originally committed against a phone network or a cable TV network rather than a modern packet-switched computer network). Phone preaching involved things such as toll fraud, the "creative routing" of calls in non-optimal ways (e.g., call next door, but do so over long distance circuits nailed up literally around the world), and other things that folks weren't supposed to be doing. Cable TV theft of service typically involved unauthorized reception of
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basic or premium channel traffic, or the interception of microwave TV signals, w/o payment to the TV Company. Some of these crimes, or their Internet analogs, continue today, although the world is a vastly different place today, and most theft-of-service crimes have evolved over the years. Computer Intrusions

There are various definitions you can find about computer intrusion and let me tell you there is no one "real" definition available. Following are some excerpts from the federal rules. Any person commits computer crime who knowingly accesses, attempts to access or uses, or attempts to use, any computer, computer system, computer network or any part thereof for the purpose of: Devising or executing any scheme or artifice to defraud; Obtaining money, property or services by means of false or fraudulent pretenses, representations or promises; or Committing theft, including, but not limited to, theft of proprietary information. Any person who knowingly and without authorization uses, accesses or attempts to access any computer, computer system, computer network, or any computer software, program, documentation or data contained in such computer, computer system or computer network, commits computer crime.

Computer Viruses, Worms, Trojan Horses, Spy-ware and Other Mal-ware

Mal-ware is software designed to infiltrate or damage a computer system without the owner's informed consent. It is a portmanteau of the words "malicious" and "software." The expression is a general term used by computer professionals to mean a variety of forms of hostile, intrusive, or annoying software or program code. The more specific term "computer virus" is however used in common parlance, and often in the media, to describe all kinds of Mal-ware.

Software is considered mal-ware based on the perceived intent of the creator rather than any particular features. It includes computer viruses, worms, Trojan horses, spy-ware, dishonest adSeminar Report on Information Technology Acts by Akshay Sharma Page 2

ware, and other malicious and unwanted software. In law, mal-ware may also be referred to as a "computer contaminant." Many early infectious programs, including the Internet worm and a number of MS-DOS viruses, were written as experiments or pranks generally intended to be harmless or merely annoying rather than to cause serious damage. Since the rise of widespread broadband Internet access, more malicious software has been designed for a profit motive. For instance, since 2003, the majority of widespread viruses and worms have been designed to take control of users' computers for black market exploitation. Infected "zombie computers" are used to send e-mail spam, to host contraband data such as child pornography, or to engage in distributed denial-ofservice attacks as a form of extortion. Another strictly for-profit category of mal-ware has emerged in spy-wareprograms designed to monitor users' web browsing, display unsolicited advertisements, or redirect affiliate marketing revenues to the spy-ware creator. Spyware programs do not spread like viruses; they are generally installed by exploiting security holes or are packaged with user-installed software.

Distributed Denial of Service Attacks

A denial-of-service attack or Distributed Denial or Service (DoS attack) is an attempt to make a computer resource unavailable to its intended users. Although the means to, motives for, and targets of a DoS attack may vary, it generally comprises the concerted, malevolent efforts of a person or persons to prevent an Internet site or service from functioning efficiently or at all, temporarily or indefinitely. Perpetrators of DoS attacks typicallybut not exclusivelytarget sites or services hosted on high-profile web servers. Denial of service attacks are one form of computer sabotage whereby people can effectively ruin their target's operations for what could be a lengthy period of time.

Internet Auction Fraud

Online auctions have transpired into a very lucrative business. Many are making a living at buying/selling through online auction houses. Millions of online auction items are up for bid daily and include items from all around the world. This phenomenon keeps growing daily as more buyers and sellers flock to these online auction houses. This activity is offering great
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opportunities for buyers and sellers. Sellers are able to have their posted item viewed by millions of people and buyers are able to purchase hard to find items and/or items at discounted prices. However, these online auctions are also giving perpetrators another avenue to perpetrate fraud. Internet auction fraud is currently the number one fraud committed over the Internet. The Internet Fraud Complaint Center (IFCC) lists auction fraud entailing 64% of more than 30,000 complaints received.

Pay-Per Click Fraud

Click fraud (sometimes called pay-per-click fraud) is the practice of artificially inflating traffic statistics to defraud advertisers or Web sites that provide venues for advertisers. In the common pay-per-click advertising model, advertisers pay a fee for each click on their link. According to a CNET News article some industry segments have costs-per-click of several dollars. By using automated clicking programs (called hit bots) or employing low-cost workers to click the links, the perpetrators create the illusion that a large number of potential customers are clicking the advertiser's links, when in fact there is no likelihood that any of the clicks will lead to profit for the advertiser. Click fraud scammers often take advantage of the affiliate programs offered by some Web sites, such as Google and Yahoo! Search Marketing. The scammers sign up for the affiliate programs, agreeing to provide further exposure to the advertising in question and receiving a portion of the pay-per-click fees in return. The perpetrators place the ads on Web sites created solely for this purpose that, naturally, doesnt have any real traffic. Once the ads are in place, the hit bots or workers generate large volumes of fraudulent clicks, often in a very short time period, for which the scammer bills the owner of the affiliate program. Both Google and Yahoo! Search Marketing have had to reimburse advertisers for pay-per-click fees that were discovered to have been the result of click fraud.

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2. Cyber Laws
2.1. Introduction WHAT IS IT LAW AND CYBER LAW??? IT Law is a set of legal enactments, currently in existence in several countries, which governs the digital dissemination of both (digitalized) information and software. IT Law covers mainly the digital information (including information security and electronic commerce) aspects and it has been described as "paper laws" for a "paperless environment". Cyber law or Internet law is a term that encapsulates the legal issues related to use of the Internet. It is less a distinct field of law than intellectual property or contract law, as it is a domain covering many areas of law and regulation. Some leading topics include internet access and usage, privacy, freedom of expression. 2.2. Cyber laws in India In Indian law, cyber crime has to be voluntary and wilful, an act or omission that adversely affects a person or property. The IT Act provides the backbone for e-commerce and Indias approach has been to look at e-governance and e-commerce primarily from the promotional aspects looking at the vast opportunities and the need to sensitize the population to the possibilities of the information age. There is the need to take in to consideration the security aspects. In the present global situation where cyber control mechanisms are important we need to push cyber laws. Cyber Crimes are a new class of crimes to India rapidly expanding due to extensive use of internet. Getting the right lead and making the right interpretation are very important in solving a cyber crime. The 7 stage continuum of a criminal case starts from perpetration to registration to reporting, investigation, prosecution, adjudication and execution. The system cannot be stronger than the weakest link in the chain. In India, there are 30 million policemen to train apart from 12,000 strong Judiciary. Police in India are trying to become cyber crime savvy and hiring people who are trained in the area. Each police station in Delhi will have a computer soon which will be connected to the Head Quarter. The pace of the investigations however can be faster; judicial sensitivity and knowledge need to improve. Focus needs to be on educating the police and district judiciary. IT Institutions can also play a role in this area. Technology nuances are important in a spam infested environment where privacy can be compromised and individuals can be subjected to become a victim unsuspectingly. We need to sensitize our investigators and judges to the nuances of the system. Most cyber criminals have a counter part in the real world. If loss of property or persons is caused the criminal is punishable under the IPC also. Since the law enforcement agencies find it is easier to handle it under the
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IPC, IT Act cases are not getting reported and when reported are not necessarily dealt with under the IT Act. A lengthy and intensive process of learning is required. A whole series of initiatives of cyber forensics were undertaken and cyber law procedures resulted out of it. This is an area where learning takes place every day as we are all beginners in this area. We are looking for solutions faster than the problems can get invented. We need to move faster than the criminals. The real issue is how to prevent cyber crime. For this, there is need to raise the probability of apprehension and conviction. India has a law on evidence that considers admissibility, authenticity, accuracy, and completeness to convince the judiciary. The challenge in cyber crime cases includes getting evidence that will stand scrutiny in a foreign court. For this India needs total international cooperation with specialised agencies of different countries. Police has to ensure that they have seized exactly what was there at the scene of crime, is the same that has been analysed and the report presented in court is based on this evidence. It has to maintain the chain of custody. The threat is not from the intelligence of criminals but from our ignorance and the will to fight it. The law is stricter now on producing evidence especially where electronic documents are concerned. The computer is the target and the tool for the perpetration of crime. It is used for the communication of the criminal activity such as the injection of a virus/worm which can crash entire networks.

CYBER LAWS IN INDIA

Sr. No. 1. 2. 3. 4. Offences Tampering with computer source Documents Hacking with computer systems, Data Alteration Section under IT Act Sec.65 Sec. 66

Sending offensive messages through communication service Sec. 66A etc. Sec. 66B Dishonestly receiving stolen computer resource or Communication device

5. 6. 7. 8. 9.

Identity theft Cheating by personating by using computer resource Violation of privacy Cyber terrorism

Sec. 66C Sec. 66D Sec. 66E Sec.66F

Publishing or transmitting obscene material in electronic Sec. 67

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form 10. 11. Publishing or transmitting of material containing sexually Sec. 67A explicit act, etc. in electronic form Punishment for publishing or transmitting of material Sec. 67B depicting children in sexually explicit act, etc. in electronic form Sec. 67C Preservation and Retention of information by intermediaries Powers to issue directions for interception or monitoring or decryption of any information through any computer resource Power to issue directions for blocking for public access of any information through any computer resource Power to authorize to monitor and collect traffic data or information through any computer resource for Cyber Security Un-authorized access to protected system Penalty for misrepresentation Breach of confidentiality and privacy Publishing False digital signature certificates Publication for fraudulent purpose Sec. 69

12. 13.

14. 15.

Sec. 69A Sec. 69B

16. 17. 18. 19. 20. 21.

Sec. 70 Sec. 71 Sec. 72 Sec. 73 Sec. 74

Act to apply for offence or contraventions committed outside Sec. 75 India

22.

Compensation, penalties or confiscation not to interfere Sec. 77 with other punishments

23. 24. 25. 26. 27. 28.

Compounding of Offences Offences with three years imprisonment to be cognizable Exemption from liability of intermediary in certain cases Punishment for abetment of offences Punishment for attempt to commit offences Offences by Companies

Sec. 77A Sec. 77B Sec. 79 Sec. 84B Sec. 84C Sec. 85

Sec.78 of I.T. Act empowers Police Inspector to investigate cases falling under this Act
29. Sending threatening messages by eSec. 503 IPC
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30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42.

Gesture or act intended to insult the modesty of a woman Sending defamatory messages by e-mail Bogus websites, Cyber Frauds E-mail Spoofing Making a false document Forgery for purpose of cheating Forgery for purpose of harming reputation Web-Jacking E-mail Abuse Punishment for criminal intimidation Criminal intimidation by an anonymous communication

Sec. 509 IPC Sec. 499 IPC Sec. 420 IPC Sec. 463 IPC Sec. 464 IPC Sec. 468 IPC Sec. 469 IPC Sec. 383 IPC Sec. 500 IPC Sec. 506 IPC Sec. 507 IPC

When copy right infringed:- Copyright in a work shall Sec. 51 be deemed to be infringed. Offence of infringement of copyright or other rights Sec. 63 conferred by this Act. Any person who knowingly infringes or abets the infringement.

43. 44. 45. 46.

Enhanced penalty on second and subsequent coNvictions

Sec.63A

Knowing use of infringing copy of computer program to be Sec.63B an offence Sec. 292 IPC Obscenity Printing etc. of grossly indecent or scurrilous matter or matter Sec.292A IPC intended for blackmail

47. 48. 49. 50. 51. 52.

Sale, etc., of obscene objects to young person Obscene acts and songs Theft of Computer Hardware Punishment for theft Online Sale of Drugs Online Sale of Arms

Sec. 293 IPC Sec. 294 IPC Sec. 378 Sec. 379 NDPS Act Arms Act

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2.3. Acts on Cyber Crimes in European Union European Parliament recommendation of 26 March 2009 to the Council on strengthening security and fundamental freedoms on the Internet Addresses the following recommendations to the Council: participate in efforts to make the Internet an important tool for the empowerment of users, an environment which allows the evolution of "bottom up" approaches and of edemocracy, while at the same time ensuring that significant safeguards are established as new forms of control and censorship can develop in this sphere; the freedom and protection of private life that users enjoy on the Internet should be real and not illusory;

invite the Presidency of the Council and the Commission to reflect on and develop a comprehensive strategy to combat cybercrime, pursuant, inter alia, to the Council of Europe Convention on Cybercrime, including ways in which to address the issue of "identity theft" and fraud at EU level in cooperation with both Internet providers and user organizations, as well as the police authorities dealing with IT-related crime and to put forward a proposal on how to create awareness campaigns and prevent such crime, while at the same time ensuring that the use of the Internet is safe and free for all; call for the creation of an EU desk for assistance to victims of identity theft and identity fraud;

Constant attention to the absolute protection and enhanced promotion of fundamental freedoms on the Internet

exhort all Internet players to engage in the on-going process of the "Internet Bill of Rights," which builds on existing fundamental rights, promotes their enforcement, and fosters the recognition of emerging principles; in this respect the dynamic coalition on the Internet Bill of Rights has a leading role to play;

ensure that, in this context, a multi-stakeholder, multi-level, process-oriented initiative and a mix between global and local initiatives are considered in order to specify and protect the rights of Internet users and thereby ensure the legitimacy, accountability and acceptance of the process;

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2.4. QUESTIONS AND ANSWERS Ques.1. What constitutes cybercrime in a country? Ans. Theft of telecommunications services Communications in furtherance of criminal conspiracies Telecommunications piracy Dissemination of offensive materials Electronic money laundering and tax evasion Electronic vandalism, terrorism and extortion Sales and investment fraud Illegal interception of telecommunications Electronic funds transfer fraud

Ques.2.Various investigation methods to deal with cyber crimes in countries Ans. PHYSICAL SECURITY: Physical security is most sensitive component, as prevention from cyber crime Computer network should be protected from the access of unauthorized persons. ACCESS CONTROL: Access Control system is generally implemented using firewalls, which provide a centralized point from which to permit or allow access. Firewalls allow only authorized communications between the internal and external network. PASSWORD: Proof of identity is an essential component to identify intruder. The use of passwords in the most common security for network system including servers, routers and firewalls. Mostly all the
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systems are programmed to ask for username and password for access to computer system. This provides the verification of user. Password should be charged with regular interval of time and it should be alpha numeric and should be difficult to judge. FINDING THE HOLES IN NETWORK: System managers should track down the holes before the intruders do. Many networking product manufactures are not particularly aware with the information about security holes in their products. So organization should work hard to discover security holes, bugs and

weaknesses and report their findings as they are confirmed. USING NETWORK SCANNING PROGRAMS: There is a security administrations tool called UNIX, which is freely available on Internet. This utility scans and gathers information about any host on a network, regardless of which operating system or services the hosts were running. It checks the known vulnerabilities include bugs, security weakness, inadequate password protection and so on. There is another product available called COPS (Computer Oracle and Password System). It scans for poor passwords, dangerous file permissions, and dates of key files compared to dates of CERT security advisories.

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3. Intellectual property rights

3.1. Introduction Intellectual property (IP) refers to creations of the mind: inventions, literary and artistic works, and symbols, names, images, and designs used in commerce. IP is divided into two categories: Industrial property, which includes inventions (patents), trademarks, industrial designs, and geographic indications of source; and Copyright, which includes literary and artistic works such as novels, poems and plays, films, musical works, artistic works such as drawings, paintings, photographs and sculptures, and architectural designs. Rights related to copyright include those of performing artists in their performances, producers of phonograms in their recordings, and those of broadcasters in their radio and television programs. The innovations and creative expressions of indigenous and local communities are also IP, yet because they are traditional they may not be fully protected by existing IP systems. The role of WIPO The United International Bureaux for the Protection of Intellectual Property subsequently relocated to Geneva in 1960, and was succeeded in 1967 with the establishment of the World Intellectual Property Organization (WIPO) by treaty as an agency of the United Nations. The WIPO is an international organization dedicated to ensuring that the rights of creators and owners of intellectual property are protected worldwide, and that inventors and authors are thus recognized and rewarded for their ingenuity. As a specialized agency of the United Nations, WIPO exists as a forum for its Member States to create and harmonize rules and practices to protect intellectual property rights. With the rapid globalization of trade during the last decade, WIPO plays a key role in helping these new systems to evolve through treaty negotiation, legal and technical assistance, and training in various forms, including in the area of enforcement of intellectual property rights. The field of copyright and related rights has expanded dramatically as technological developments have brought new ways of disseminating creations worldwide through such forms of communication as satellite broadcasting, compact discs, DVDs and the

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Internet. WIPO is closely involved in the on-going international debate to shape new standards for copyright protection in cyberspace. The Convention Establishing the WIPO, concluded in Stockholm on July 14, 1967 (Article 2(viii)) provides that intellectual property shall include rights relating to: - literary, artistic and scientific works, - performances of performing artists, phonograms and broadcasts, - inventions in all fields of human endeavor, - scientific discoveries, - industrial designs, - trademarks, service marks and commercial names and designations, - protection against unfair competition, Industrial Property Trademarks

A trademark is a distinctive sign which identifies certain goods or services as those produced or provided by a specific person or enterprise. Its origin dates back to ancient times, when craftsmen reproduced their signatures, or "marks" on their artistic or utilitarian products. Over the years these marks evolved into today's system of trademark registration and protection. The system helps consumers identify and purchase a product or service because its nature and quality, indicated by its unique trademark, meets their needs. Industrial Designs

An industrial design constitutes the ornamental or aesthetic aspect of an article. A design may consist of three-dimensional features, such as the shape or surface of an article, or of twodimensional features, such as patterns, lines or color.
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Industrial designs are applied to a wide variety of products of industry and handicraft: from technical and medical instruments to watches, jewellery, and luxury items; from housewares and electrical appliances to vehicles and architectural structures; from textile designs to leisure goods. Patent

A patent is an exclusive right granted for an invention, which is a product or a process that provides, in general, a new way of doing something, or offers a new technical solution to a problem. In order to be patentable, the invention must fulfill certain conditions. A patent provides protection for the invention to the owner of the patent. The protection is granted for a limited period, generally 20 years. Copyright

Copyright is a legal term describing rights given to creators for their literary and artistic works. The kinds of works covered by copyright include: literary works such as novels, poems, plays, reference works, newspapers and computer programs; databases; films, musical compositions, and choreography; artistic works such as paintings, drawings, photographs and sculpture; architecture; and advertisements, maps and technical drawings. 3.2. Intellectual Property Rights in India Intellectual Property Rights are statutory rights once granted allows the creator(s) or owner(s) of the intellectual property to exclude others from exploiting the same commercially for a given period of time. It allows the creator(s)/owner(s) to have the benefits from their work when these are exploited commercially. IPR are granted to an inventor or creator, designer in lieu of the discloser of his/her knowledge. Governing Laws in India for IPR as follows: 1. 2. 3. 4. 5. 6. Patent Act 1970 Trade Marks Act (1958 original) 1999 The Copyright Act 1957 The design Act 2000 Geographical Indication of Goods (Registration and Protection) Act 1999 Plant Variety and Farmers Right Protection Act 2001
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3.2.1. Invention/Innovation An invention means: a new product or process involving an inventive step and capable of industrial application. An Innovation means: The successful exploitation of new ideas in the form of a useful machinery or process, by any person, using own intellect is called as innovation. Every innovation may not be patentable invention but every invention is an innovation. All the inventions are the innovations and are patentable, but all the innovations are not the patentable inventions. 3.2.2. The Patent System A patent is a contract between the inventor or applicant for the patent and the State, whereby the inventor or applicant gets a monopoly from the State for a certain period in return for disclosing full details of the invention. The patent system thus ensures that information on new inventions is made available for eventual public use so as to encourage technical and economic development and discourage secrecy. If an inventor or company has an invention, which they consider to be novel and inventive, they may apply for a patent. This may be granted only after a detailed examination by a patent office. Once the patent is granted the inventor or applicant has the sole right to make, use or sell the invention for a limited period. This period is usually twenty years. There can also be confusion about what exactly can be protected by the patent system. Patents can only be applied to inventions. These usually have an industrial dimension. An invention is normally a new product, which involves a new principle of operation or an improvement to an old principle. Alternatively it may refer to a new or improved industrial process. Things, which do not involve manufacture, are not usually considered to be inventions. For example, a new scientific theory or a new surgical procedure would not be considered to be patentable for this reason. 3.2.3. Novelty and Inventiveness In order to be suitable for patenting, an invention must be novel and inventive. An invention is considered to be novel if it has not been disclosed to the public at the time that the patent application was made. As long as the date of the patent application precedes any disclosure of details of the invention to the public, the invention can be validly patented. If however, details of the invention have been disclosed to the public before applying for a patent, then the invention is no longer considered to be novel in a patenting sense and it will not be possible to protect it validly through the patent system.

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It is important to be aware of the danger of premature disclosure of details of an invention. Even after a patent application has been filed, details of the invention should only be disclosed as part of a planned programme of commercial exploitation. Another requirement for a valid patent is inventiveness. This means that the invention must contain an inventive step. This can be the most difficult thing to show. A patent examiner may decide that the invention is obvious i.e. that somebody knowledgeable in the subject area, when familiarised with all earlier patents or other technology in the area, would have immediately been led to the same conclusion. 3.2.4. Commercialization of Inventions Many inventors feel that filing a patent application is the most important and first thing they must do once they have an idea. This is rarely the case. Patenting an invention is not the only consideration and rushing to file an application may actually be the wrong thing to do first. Patents are of no value unless the commercial worth of the product or technology can be demonstrated and exploited. Many patentable inventions have failed not because they didn't work, or because they had been invented before, but becausethe inventor was unable to exploit them commercially. Inventing is increasingly being seen as a business. You must invest in the business if you wish to make a return, and management and marketing skills are every bit as important as technical skills. If the inventor does not have all the skills required, it may be necessary to put together a team or partnership to exploit the project or to license the invention to an existing company who already has related products. If one does successfully commercialise an invention however the rewards can be substantial. A number of successful companies' world over own patents, which protect them against, copied products home or imported. This is an important factor in present day international trade. Most other traditionally used barriers to trade are being removed in the interests of fair competition. Patents are one of the few mechanisms that companies can legally use to protect their market share. Having foreign patents also allows Irish companies to protect their products in export markets. Where a product is unsuitable for export because of distance, cost or other factors, a licensing strategy can be used. The Indian company can use the patents to license the manufacturing/marketing rights for their invention to a foreign manufacturer. In return they receive a royalty, which increases their profits. Licensing for both the home and export markets to Indian and/or foreign companies is also the appropriate strategy for inventions made by nonmanufacturing companies or by universities and colleges. To succeed, an inventor does not have to have a great deal of business or technical expertise. He/she must however adopt a businesslike approach to the project. The first thing is to realise that there are several stages in the inventive process. It is vital to realise what stage one is at and what one needs to do next. The stages of development of a successful invention are: Identification of a problem that needs to be solved. Inventing a solution to the problem, which works? Developing a prototype or being able to demonstrate the invention to prove how it works.
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Filing a patent application to protect the invention so that it can be disclosed to other people. Arranging the manufacturing and marketing of the invention either through one's own company or through licensing.

Each stage requires its own particular expertise and resources. It is essential that the early stages are satisfactorily completed before moving on. Experience shows that taking short cuts does not pay. For example, it is hard to get investors or potential licensees to appreciate the benefits of a particular invention if the prototype is very crude and does not work properly. Similarly there is little point in filing a patent application until one is satisfied that the invention can be shown to work. There can be some overlap between the last two stages however. If it is possible to make some progress with manufacturing and marketing without compromising the patent position, then one should do this. As mentioned elsewhere, very often the later one files the patent application the better. 3.2.5. Disclosing an Invention Details of an invention should not be disclosed to outsiders until such time as a patent application has been filed. However, many people make the mistake of filing patent applications too early. Because they are afraid that somebody else may invent the same thing, they file an application as quickly as possible without having any clear plan as to what they are going to do next. They then find that many months pass before they are in a position to commercially exploit the invention, and they have not left enough time to obtain the necessary finance to cover international patent filings. In general, it is better to complete the development of the invention and file the patent application when it becomes necessary to make disclosures as part of a planned programme of commercial exploitation. If it is necessary to talk to technical specialists or others in order to obtain assistance during the development of the invention, this should be done on the basis of confidentiality. People should be informed that the information is strictly confidential and asked to sign a simple document undertaking not to disclose the information until given permission to do so. Adopting a proper commercialisation strategy involves considering all aspects at the same time, technical, commercial and legal. At the initial stages proper attention should be given to the technical aspects, but once the patent application is filed, the commercialisation should proceed as quickly as possible within the limited time scale provided by the patent system. Once an application has been filed in Ireland, applications in other countries must be made within twelve months if the best protection is to be obtained. As is explained below, an international patent programme can be a very expensive business. Funding for it from either private or public sources is unlikely to be obtained unless there are definite commercial plans for the invention which are well advanced. Setting up ones own manufacturing company or identifying potential licensees and reaching agreement with them can take time. A period of longer than twelve months is usually required to complete either of these activities. Thus if one has filed ones patent application too early one will inevitably run into financial difficulties in trying to keep it going.
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Another reason why it can be a mistake to file too early is that development of the invention may not be completed. Designs may change during development or other inventive features may be introduced. If the patent specification has been drafted too early it may not be possible to amend it to reflect the changes made. One can end up with a patent, which does not really cover the final commercial product.

3.2.6. Academic Research People carrying out academic research are frequently under pressure to publish the results of their research for academic reasons. Researchers should, at all times, bear in mind the possibility of commercial results from their research. If a researcher sees a commercial application from his or her research, it would be wise to delay publication until a patent application has been filed. 3.2.7. Applying for a Patent The first step that people usually take in applying for a patent is to file a preliminary application in one country. When the application is filed, the date of application is recorded and this is called the "priority date". The first application can be quite basic and does not have to include a set of claims (see below). It is still an important document and specialist advice from a patent agent should be obtained in preparing it. Most countries are signatories to an international convention, which guarantees that the priority date of an invention filed in one country will be respected in other countries, provided an application is filed in the other countries within twelve months of the date of filing the first application. This is why the first document filed can be very important later. The system of filing an application in one country initially can be of great benefit to inventors provided they have timed it correctly. It allows up to twelve months before foreign applications must be filed. During this time the inventor can assess the commercial prospects of the invention, carry out improvements on it, and arrange the necessary finance for international patenting and commercial exploitation through manufacture and sale. This period is also used to assess the market potential for the invention in various countries and to decide in which countries the expense of patenting is justified. Note though the comments earlier about the dangers of underestimating the time it takes to do these things and the dangers of filing too early. 3.2.8. Patent Specifications The patent system is complex, and great skill is required in reducing the principle of an invention to words, which will have legal effect. Patent agents have detailed knowledge of the complex procedures in the various foreign patent systems andwork with other patent agents throughout the world to obtain patent protection for an invention in different countries.

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A patent specification is written in a certain format, which may not be immediately obvious to the casual reader. The specification usually contains a preamble, which describes the background to the invention. Then comes a statement of invention, which is a legal statement of the scope of the monopoly sought. This is followed by a detailed description of the invention, usually drawings or examples of how the invention is carried out. The final part of the specification includes a set of claims. These are not normally required in the preliminary application but are a vital part of the final document. A claim in this sense has nothing to do with the conventional use of the word, and does not relate to the advantages or performance of the invention. A patent claim is where the patent agent sets out the scope or extent of the monopoly, which he claims on behalf of the inventor. In other words, one is claiming a territory of technology within which other people may not stray without infringing the patent. The scope of the patent is very important. One can imagine that a patent for a completely new type of engine would have a very broad scope whereas a patent for an improvement in one component of that engine might be quite limited in scope. 3.2.9. Examination When patent specifications have been filed in the various countries the patent examiners in those countries examine them. These examiners carry out a search through previous patent specifications and other literature in order to ascertain if the invention is novel. They also look at the question of inventiveness in relation to the "prior art". As a result of the patent search, an examiner may feel that certain features of the invention have already been disclosed in previous specifications. Correspondence then ensues between the patent examiner and the patent agent until the examiner is satisfied that the claims for the patent are allowable. This can often mean an amendment or narrowing of the scope of the patent claims until the Patent Office in question is satisfied that it does not overlap the "territory of technology" claimed by previous inventors. This stage of the patenting procedure is called "prosecution" and can involve the inventor or applicant in considerable expense depending on the amount of work required to be done by the patent agent. As part of the patent examination procedure, the specification filed by the applicant is published, usually eighteen months after the priority date. The Patent Office also publishes a list of previous patents, which were found to be of relevance in the patent search. Thus, even if an inventor has not disclosed the invention in any way up to this point, the patent system itself will make a disclosure and destroy its novelty at this time. It is for this reason that inventions once disclosed cannot be the subject of subsequent patent applications either by the inventor or by anybody else. When the Patent Office has satisfied itself concerning the scope of the claims, which are to be granted, notice of allowance of the patent will be issued and the patent will be granted. In some countries (not in Ireland) there is a period however during which interested parties may oppose the granting of the patent by lodging their grounds for opposition with the Patent Office. If no one is successful in opposing the grant of the patent, the Letters Patent Document is issued and the patent comes into force.
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3.2.10. Infringement If anybody attempts to make, use, or sell an invention, which is covered by a patent which is in force in a certain country, he or she may be sued in that country for infringement by the patentee. If infringement is proved, damages may be awarded to the owner of the patent. Patent litigation is notoriously expensive, and is not entered into lightly. The greater the commercial potential of an invention, the higher is the chance that the patent will be infringed or contested. The fact that a patent is granted does not automatically mean that the inventor is given full protection. A granted patent can in certain circumstances be invalid because certain information did not come to the attention of the patent examiner during the course of the examination. This could show, for example, that the invention was not in fact novel. A court decision may ultimately be needed before the inventor finds out whether he is protected or not. 3.3. IPR Protection in India Intellectual Property is intangible incorporate property consisting of bundle of rights. The property imbibed from the intellectual capacity of a human brain for instant an invention, design of an article, literary or artist work, symbols/trade marks, having commercial value and the same is not available in the public domain. Intellectual Property commonly encompasses the following: 1. 2. 3. 4. 5. 6. 7. Patent Trademarks Industrial Design Copyright Geographical Indication of Goods Integrated Circuit Protection of Undisclosed Information such as Trade Secrets

3.3.1. Patents: Patent enables its owners to exclude from making, using and selling its inventions. Term of patent: The term of patent is for twenty years (20), provided the maintenance fee is paid at the end of every year. Territorial Scope: Patent laws are territorial; a separate patent must be obtained in each country. Indian patent office protects invention only filed in India.

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What is patentable? Only inventions are patentable. An invention must be new, useful and must involve inventive steps compared to closest prior art. A new and unobvious product, process, apparatus or composition of matter will generally be patentable. Patentability searches: Patentability search is a search for invention in hope of not finding the invention. The patentability search is an universal concept since inventions cannot be boundary constraint. But it is to be noted that the patent laws are territorial. Computer databases search is quick and relatively inexpensively. Database searches are most useful in searching sophisticated inventions, which can be described by precise, well-known terms of art. They are much less useful in searching mechanical gadget type inventions. No search will "guarantee" the patentability of any invention. The object is to make a reasonable assessment of the prospects for obtaining worthwhile patent protection. Search results are also useful in preparing a patent application. What information is required for conducting search? To conduct a search the description, drawings or photographs of the invention, showing how it is made, operated and used would be helpful. Further details of any known prior art; a summary of the prior art's shortcomings; an explanation of how these are overcome by the invention; a list of any other advantages of the invention; and, details of any possible variants or modifications that could be made without departing from the general concept of the invention Why one should go for a patent? To enjoy the exclusive rights over the invention. If the inventor does not get the patent rights over his invention and introduce his product/process based on his invention in the market, any body can copy his invention and exploits it commercially. To debar others from using, selling or working out his invention, the inventor must go for getting a patent. Who can apply for a patent? An application for obtaining a patent can be made by a true and first inventor who holds the rightful ownership in the invention due to fact that he invented the same or by any person who is an assignee/legal representative of the first and true inventor. Also a legal heir of the first and true inventor can apply for patent in case of the death of the true and first inventor. What is not patentable invention? 1. An invention which is frivolous or which claims anything obviously contrary to whole established natural laws. 2. An invention the primary or intended use or commercial exploitation of which could be contrary to public. 3. The mere discovery of a scientific principle or the formulation of an abstract theory.

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4. The mere discovery of any new property or new use for known substance or of the mere use of known process, machine or apparatus unless such known process result in a new product or employ one new reactant. 5. A substance obtained from mere admixture resulting into aggregation of properties. 6. Mere arrangement or re-arrangement or duplication of known devices each functioning independently. 7. A method of agriculture or horticulture. 8. Any process for the medicinal, surgical, curative, prophylactic or other treatment of human beings or animals. 9. Plants and animals in whole or any part in whole or any part thereof other than micro organism but including seeds, varieties and species and essentially biological processes for production or propagation of plants and animals. 10. A computer programme per se other than its technical application to industry or combination with hardware 11. A mathematical method or business method or algorithms 12. A literary, dramatic, musical or artistic work or any other aesthetic creation whatsoever including cinematographic works and television productions. 13. A mere scheme or rule or method of performing mental act or method of playing game. 14. A presentation of information 15. Topography of integrated circuits 16. An invention which, in effect is traditional knowledge or which is an aggregation or duplication of known properties of traditionally known component or components. 17. Invention relating to atomic energy. What are the documents required for filling a patent application? 1. 2. 3. 4. 5. Application Form (form 1), Specification (Provisional/Complete) [Form 2], Drawings (if any), Undertaking under section 8 (form 3), and Power of Authority (if the patent application is filed through a patent attorney)

What is patent specification? A patent specification discloses the details of the invention for which the patent protection is sought. The legal rights in a patent are based on the disclosures made in the specification. Specifications are of two kinds 1. Provisional: A provisional specification discloses incomplete invention or inventions requiring time to develop further. The provisional specification is filed to claim the priority date of an invention. 2. Complete: The document, containing the detailed description of invention along with the drawings and claims is called as the complete specification. Also the description regarding prior art is included in the complete specification. What does a patent application contain? A patent application has the following information:
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Bibliographic: It is in structure format. It contains the title of the invention, date of filing, country of filing, inventor's name etc. Background of the invention or State of the art: In this the inventor lists the state of the art available on the date of filing his invention. Here the inventor lists the shortcomings/drawbacks found in the state of the art and defines his problem. Description of the invention: In this the inventor describes his invention duly supported by a series of workable examples alongwith diagrams/charts, if needed. The invention has to be described in complete details, so that any person, who is skilled in the art can work out the invention. Claims: In the last, the inventor has to bring out a series of claims establishing his rights over the state of the art. It is this portion, upon which the protection is granted and not on the description of the invention. This has to be carefully drafted.

What is the date of priority? The date of priority is the date on which the patent application either with provisional specification or with complete specification is filed at the patent office. What happens to the application after filing? Initially, a patent examiner examines the patent applications and then communicates the objections, if any, to the applicant via first examination report. The applicant has to meet up with the compliance of the patent office within specific time frame, if the applicant fails in doing so the application shall be abandoned. Otherwise the application is published in the patent gazettes issued by the patent office. The said published application is open public perusal and opposition. If there is no opposition the patent shall be granted. How does a patent get expire? A patent can expire in the following ways: The patent has lived its full term i.e. the term specified by the patent act of the country. Generally it is 20 years from the date of filing. The patentee hs failed to pay the renewal fee. A patent once granted by the Government has to be maintained by paying annual renewal fee. The validity of the patent has been successfully challenged by an opponent by filing an opposition either with the patent office or with the courts. What is Traditional Knowledge (TK)?

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The knowledge continually developed, acquired, used, practiced, transmitted and sustained by the communities/individuals through generations is called Traditional Knowledge. In India traditional knowledge including the existing oral knowledge cannot be protected under the provisions of the existing IPR laws/acts, as mentioned herein above. However, if there is a substantial improvement in the existing traditional knowledge and if it can fulfill the requirements of the definition of the invention, then the patent application can be filed. What is Prior Inform Consent (PIC)? Prior Informed Consent is a consent sought from the innovator and/or inventor and/or knowledge holder to develop, protect, explore, commercialized ones innovation. PIC document may be of different types each defining the scope of rights imparted to exploit the innovation What is a PCT? PCT abbreviated, from the Patent Cooperation Treaty. PCT is an International treaty, which provides facility to the applicant to file a single patent application and designate the countries in which he/she wants to protect his IP rights. Thus a single patent application is filed for the purpose of an international search reportand to claim the priority date in all the designated countries. After receiving the international examination report, the applicant has to file a request in each designated country to take on record his/her application and this is called national phase of a patent application. A PCT application also provides an international filing date through a single patent application. India is a member country to PCT.

3.4. Intellectual property rights in U.K. National Audit Act of 1983: Reformed the system for modern needs, with a new National Audit Office set up to support the existing post of Comptroller and Auditor General. The changes recognized a need for the capacity to expose for comment the value for money achieved by government spending, rather than simply seeking to identify irregularities in expenditure. According to the National Audit Office, value for money audit at government level involves examining and reporting on what it calls the three Es. This introduces a substantial degree of transparency throughout the financial affairs of the United Kingdoms government and other official bodies. Financial Services and Markets Act of 2000: UK financial services industry has long been regulated and since 2001 contributions to the process include flows of information of a national economy is under the responsibility of the Financial Services Authority (FSA), which draws its
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powers from the Financial Services and Markets Act of 2000. The main objectives of the FSA are to maintain market confidence, protect the customer and fight financial crime, to promote public understanding of the financial system. For example, which has responsibility for consumer protection and encouraging competition. Companies Act of 1948: Required auditors to give an opinion as to whether the financial statements of an organization were true and fair. The true and fair requirement produces a message both to the company and to the public, but it is a limited one. Public Interest Disclosure Act (PIDA) of 1998: The policy principle behind the PIDA had earlier been set out very clearly by the UK Committee on Standards in Public Life, which suggested that: Placing staff in a position where they feel driven to approach the media to ventilate concerns is unsatisfactory both for the staff member and the organization. This sets the PIDA solidly in the structure of UK employment law. The employee can initiate a claim of victimization in the employment tribunal system or civil courts if disadvantaged by a hostile response to the disclosure. Official Secrets Act, 1989: Potentially places a swathe of official business under an absolute protection from revelation by those involved. The phrase Signing the Official Secrets Act is a way of describing the process of imposing this ban on government employees. At the same as the Official Secrets Act imposes secrecy, a range of measures, beginning with the Regulation of Investigatory Powers Act, 2000, and the Anti-terrorism, Crime and Security Act, 2001. Freedom of Information Act 2000: Its coming into force in 2005 has sometimes been seen as foot dragging by a government reluctant to accept the consequences of its own legislation on access. In support of this, one can point to the fact that UK plans to modernize government contain not merely a broad e-governance agenda including freedom of information law, but also explicit electronic records management elements.

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3.5. Question & answer Ques. 1: What is the difference between industrial property and copyright? Ans: Intellectual property is divided into two categories: industrial property, which includes inventions, trademarks, industrial design, and geographical indications of source; and copyright, which includes literary and artistic works such as novels, films, musical works, paintings, photographs, and architectural designs. Rights related to copyright include those of performing artists in their performances, producers of phonograms in their recordings, producers of first fixations of films and those of broadcasters in their radio and television programs. The project promoters of the Education and Culture projects should normally be more interested in copyright, taking into consideration the nature of Education and Culture projects. Nevertheless, in the case of production, for example, of innovative scientific applications one should not exclude the possible application of special patent or trademark law. Ques. 2: What is the legal framework which regulates intellectual property rights? Ans: The protection of intellectual property is governed by many conventions, initiated by two major organizations: the World Intellectual Property Organization (WIPO) and the World Trade Organization (WTO). These commitments, made by most Member States of the European Union (EU), have resulted in a certain standardization of national provisions relating to intellectual property. However, this is not enough to complete the creation of the European single market. The EU has therefore intervened in this field in order to harmonize national legislation. In addition to the harmonization of intellectual property substantive law, the EU continues its efforts in creating unitary rights at Community level (Community trademarks, Community designs or models, future Community patents) with a view to simplifying and centralizing the protection system. The crucial advantage of these unitary protection rights is the ability to benefit, by means of a single registration procedure, from uniform protection that produces the same effects throughout the Community. For this reason, the Office for Harmonization in the Internal Market (OHIM), based in Alicante, Spain, was set up to perform the tasks of registering Community trademarks and Community designs. With regard to future Community patents, the European Patent Office in Munich will be responsible for issuing such patents.
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Ques. 3: What is IPR Management and collective rights management companies? Ans: The management of Intellectual property rights has nowadays shaped a whole new legal area, which is continuously developing. It deals with managing various categories of rights, such as neighboring rights in artistic productions or mechanical rights to recordings of a performance. There are IPR collective rights' management companies or collecting societies which take care, on request, of the attribution of rights and the distribution of credits to all participating members of a work. Collecting societies shall exist in all Member States today, and often they cooperate between them. When a new music CD is produced, for example, it has to be registered with a collecting society before being released in the market or otherwise distributed. But IPR management applies also to other sectors, like research, ICT applications, etc.

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4. Copyright Acts
4.1. Introduction The exclusive right given by law for a certain term of years to an author, composer etc. (or his assignee) to print, publish and sell copies of his original work This means that if you can see it, hear it, and/or touch it-- it is protected. Copyright is the guardian of the most precious skill: imagination. Certainly there are issues with the copyright system, but without them there's no encouragement for innovation. Where's the incentive to spend time and money to invent something if everyone else is just going to copy your ideas without having to invest anything for its development? Fair Play: Reward creative efforts. Thou shall not steal Anything tangible in a fixed form Examples Literary works, including software Musical works, including accompanying words Dramatic works, including accompanying music Pantomimes and choreographic works Pictorial, graphic and sculptural works Motion pictures and other audiovisual works Sound recordings Architectural works

Copyright is a legal concept, enacted by most governments, giving the creator of original work exclusive rights to it, usually for a limited time. Generally, it is "the right to copy", but also gives the copyright holder the right to be credited for the work, to determine who may adapt the work to other forms, which may perform the work, who may financially benefit from it, and other, related rights. It is an intellectual property form (like the patent, the trademark, and the trade secret) applicable to any expressible form of an idea or information that is substantive and discrete

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Copyright initially was conceived as a way for government to restrict printing; the contemporary intent of copyright is to promote the creation of new works by giving authors control of and profit from them. Copyrights are said to be territorial, which means that they do not extend beyond the territory of a specific state unless that state is a party to an international agreement. Today, however, this is less relevant since most countries are parties to at least one such agreement. While many aspects of national copyright laws have been standardized through international copyright agreements, copyright laws of most countries have some unique features. Typically, the duration of copyright is the whole life of the creator plus fifty to a hundred years from the creator's death, or a finite period for anonymous or corporate creations. Some jurisdictions have required formalities to establishing copyright, but most recognize copyright in any completed work, without formal registration. Generally, copyright is enforced as a civil matter, though some jurisdictions do apply criminal sanctions. Most jurisdictions recognize copyright limitations, allowing "fair" exceptions to the creator's exclusivity of copyright, and giving users certain rights. The development of digital media and computer network technologies have prompted reinterpretation of these exceptions, introduced new difficulties in enforcing copyright, and inspired additional challenges to copyright law's philosophic basis. Simultaneously, businesses with great economic dependence upon copyright have advocated the extension and expansion of their copy rights, and sought additional legal and technological enforcement. Copyright was invented after the advent of the printing press and with wider public literacy. As a legal concept, its origins in Britain were from a reaction to printers' monopolies at the beginning of the eighteenth century. Charles II of England was concerned by the unregulated copying of books and passed the Licensing of the Press Act 1662 by Act of Parliament, which established a register of licensed books and required a copy to be deposited with the Stationers' Company, essentially continuing the licensing of material that had long been in effect. The Statute of Anne came into force in 1710 The British Statute of Anne (1709) further alluded to individual rights of the artist, beginning: "Whereas Printers, Booksellers, and other Persons, have of late frequently taken the Liberty of
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Printing... Books, and other Writings, without the Consent of the Authors... to their very great Detriment, and too often to the Ruin of them and their Families" A right to benefit financially from the work is articulated, and court rulings and legislation have recognized a right to control the work, such as ensuring that the integrity of it is preserved. An irrevocable right to be recognized as the work's creator appears in some countries' copyright laws. Aside from the role of governments and the church, the history of copyright law is in essential ways also connected to the rise of capitalism and the attendant extension of commodity relations to the realm of creative human activities, such as literary and artistic production. Similarly, different cultural attitudes, social organizations, economic models and legal frameworks are seen to account for why copyright emerged in Europe and not, for example, in Asia. In the Middle Ages in Europe, there was generally a lack of any concept of literary property due to the general relations of production, the specific organization of literary production and the role of culture in society. The latter refers to the tendency of oral societies, such as that of Europe in the medieval period, to view knowledge as the product, expression and property of the collective. Not until capitalism emerges in Europe with its individualist ideological underpinnings does the conception of intellectual property and by extension copyright law emerge. Intellectual production comes to be seen as a product of an individual and their property, rather than a collective or social product which belongs in the commons. The most significant point is that under the capitalist mode of production, patent and copyright laws support in fundamental and thoroughgoing ways the expansion of the range of creative human activities that can be commoditized. This parallels the ways in which capitalism led to the commoditization of many aspects of social life that hitherto had no monetary or economic value per se. The Statute of Anne was the first real copyright act, and gave the publishers rights for a fixed period, after which the copyright expired. Copyright has grown from a legal concept regulating copying rights in the publishing of books and maps to one with a significant effect on nearly every modern industry, covering such items as sound recordings, films, photographs, software, and architectural works.

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4.2. Indian Copyrights Acts The Indian Copyright Act, 1957 governs the system of copyrights in India. Copyright Law in the country was governed by the Copyright Act of 1914, was essentially the extension of the British Copyright Act, 1911 to India, and borrowed extensively from the new Copyright Act of the United Kingdom of 1956. Now Indian Copyright is governed by the Indian Copyright Act, 1957. The Indian Copyright Act today is compliant with most international conventions and treaties in the field of copyrights. India is a member of the Berne Convention of 1886 (as modified at Paris in 1971), the Universal Copyright Convention of 1951 and the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) Agreement of 1995. Though India is not a member of the Rome Convention of 1961, WIPO Copyrights Treaty (WCT) and the WIPO Performances and Phonograms Treaty (WPPT),the Copyright Act is compliant with it.

Copyright Copyright is a right given by the law to creators of literary, dramatic, musical and artistic works and producers of cinematograph films and sound recordings. In fact, it is a bundle of rights including, inter alia, rights of reproduction, communication to the public, adaptation and translation of the work. There could be slight variations in the composition of the rights depending on the work.

Indian work "Indian work" means a literary, dramatic or musical work,

The author of which is a citizen of India; or Which is first published in India; or The author of which, in the case of an unpublished work is, at the time of the making of the work, a citizen of India.

Descriptions of work

Artistic work - An artistic work means

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A painting, a sculpture, a drawing (including a diagram, map, chart or plan), an engraving or a photograph, whether or not any such work possesses artistic quality; A work of architecture; and Any other work of artistic craftsmanship. "Musical work" means a work consisting of music and includes any graphical notation of such work but does not include any words or any action intended to be sung, spoken or performed with the music. A musical work need not be written down to enjoy copyright protection. "Sound recording" means a recording of sounds from which sounds may be produced regardless of the medium on which such recording is made or the method by which the sounds are produced. A phonogram and a CD-ROM are sound recordings. "Cinematograph film" means any work of visual recording on any medium produced through a process from which a moving image may be produced by any means and includes a sound recording accompanying such visual recording and "cinematograph" shall be construed as including any work produced by any process analogous to cinematography including video films.

Musical work

Sound recording

Cinematograph film

Government work - "Government work" means a work which is made or published by or under the direction or control of

The government or any department of the government Any legislature in India, and Any court, tribunal or other judicial authority in India.

An author

In the case of a literary or dramatic work the author, i.e., the person who creates the work In the case of a musical work, the composer. In the case of a cinematograph film, the producer. In the case of a sound recording, the producer. In the case of a photograph, the photographer. In the case of a computer generated work, the person who causes the work to be created.

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Duration of copyright

Literary dramatic, musical and artistic works (other than a photograph) Anonymous and pseudonymous works Posthumous work Photographs Cinematograph films Sound records Government work Public undertakings work International organisations work Sixty years from the beginning of the calendar year next following the year in which the work is first published. Sixty years from the beginning of the calendar year next following the year in which the author dies.

Assignment of copyright The author of a work is the first owner of the copyright( Section 17).However, for works made in the course of an author's employment under a contract of service, the employer is the first owner of the copyright. The owner of the copyright in an existing work or the prospective owner of the copyright in a future work may assign to any person the copyright either wholly or partially and either generally or subject to limitations and either for the whole term of the copyright or any part thereof: Provided that in the case of the assignment of copyright in any future work, the assignment shall take effect only when the work comes into existence. (Section 18) Section 19 lays down the modes of assignment- assignment can only be in writing and must specify the work, the period of assignment and the territory. Section 19(5) provides that if period of assignment is not specified it shall be deemed to be 5 years and section 19(6) provides that if the territorial extent of assignment is not specified it shall be presumed to extend within India. In a recent judgement, a division bench of the Delhi High Court in Pine Labs Private Limited vs Gemalto Terminals India Limited the Court has held that in case the duration of assignment is not specified, the duration shall be deemed to be five years and after five years the copyright shall revert to the author. In this case, Pine Labs had written some software for Gemalto under a
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Master Service Agreement (MSA).Though in the MSA Pine Labs had assigned the copyright in the works to Gemalto, the period of assignment was not specified. The Court held that though Gemalto may have paid for the software, Pine Labs, being the author was the first owner of the copyright and after five years, the copyright reverted to Pine Labs. It made no difference whether the MSA was treated as an assignment or an agreement to assign. Full text of the judgment can be viewed at Pine Labs Vs Gemalto and others

Rights of Broadcasting Organization and of Performers

Broadcast reproduction right

The broadcast reproduction right shall subsist until twenty-five years from the beginning of the calendar year next following the year in which the broadcast is made.

Performers right

The performer's right shall subsist until fifty years from the beginning of the calendar year next following the year in which the performance is made.

Fair dealing A fair dealing with a literary, dramatic, musical or artistic work (not being a computer program) for the purposes of 1. for the purpose of research or private study, 2. for criticism or review, 3. for reporting current events, 4. in connection with judicial proceeding, 5. Performance by an amateur club or society if the performance is given to a non-paying audience, and. 6. The making of sound recordings of literary, dramatic or musical works under certain conditions. Government works Although Government works are copyrighted, the reproduction or publication of following works not copy protected.
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Act of a Legislature. Report of a committee, commission, council, board or other like body appointed by the Government. Judgment or order of a court, tribunal or other judicial authority

Criminal liability Copyright infringement is punishable under 63 of the Copyright Act: Offence of infringement of copyright or other rights conferred by this Act. Any person who knowingly infringes or abets the infringement of(a) the copyright in a work, or (b) any other right conferred by this Act, shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to three years and with fine which shall not be less than fifty thousand rupees but which may extend to two lakh rupees: Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than six months or a fine of less than fifty thousand rupees. Explanation.- Construction of a building or other structure which infringes or which, if completed, would infringe the copyright in some other work shall not be an offence under this section.

4.3. Acts on Copyrights (U.K.) The UK copyright law fact sheet outlines the Copyright, Designs and Patents Act 1988, the principle legislation covering intellectual property rights in the United Kingdom and the work to which it applies. Rights covered:-

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The law gives the creators of literary, dramatic, musical, artistic works, sound recordings, broadcasts, films and typographical arrangement of published editions, rights to control the ways in which their material may be used.

The rights cover; broadcast and public performance, copying, adapting, issuing, renting and lending copies to the public. In many cases, the creator will also have the right to be identified as the author and to object to distortions of his work.

Types of work protected Literary :-

song lyrics, manuscripts, manuals, computer programs, commercial documents, leaflets, newsletters & articles etc. Dramatic: - plays, dance, etc. Musical: - recordings and score. Artistic: - photography, painting, sculptures, architecture, technical drawings/diagrams, maps, logos. Typographical arrangement of published editions:- magazines, periodicals, etc. Sound recording:literary. Films:- broadcasts and cable programs. may be recordings of other copyright works, e.g. musical and

Duration of copyright The 1988 Copyright, Designs and Patents Act states the duration of copyright as For literary, dramatic, musical or artistic works:-

70 years from the end of the calendar year in which the last remaining author of the work dies. If the author is unknown, copyright will last for 70 years from end of the calendar year in which the work was created, although if it is made available to the public during that time, (by publication, authorised performance, broadcast, exhibition, etc.), then the duration will be 70 years from the end of the year that the work was first made available. Sound Recordings and broadcasts:-

50 years from the end of the calendar year in which the work was created, or,
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if the work is released within that time: 50 years from the end of the calendar year in which the work was first released. Films :-

70 years from the end of the calendar year in which the last principal director, author or composer dies. If the work is of unknown authorship: 70 years from end of the calendar year of creation, or if made available to the public in that time, 70 years from the end of the year the film was first made available.

4.4. Case study You tube Video-sharing website Created by three former paypal employees in february 2003 In november 2006, youtube, llc was bought by google inc. For $1.65 billion, and now operates as a subsidiary of google. Viacom Short for "video & audio communications Worlds fourth largest media conglomerate as on 2010

Viacoms complaint On march 13, 2007, viacom filed a us$1 billion lawsuit The complaint contended that almost 160,000 unauthorized clips of viacoms programming were made available on youtube These clips had collectively been viewed more than 1.5 billion Googles defense The digital millennium copyright act (dmca) limits liability for internet service providers that act quickly to block access to pirated online materials, once the copyright holder notifies a web site of specific acts of infringement Final judgment the federal court ruled that Google falls under the "safe harbor" provision of the DMCA which protects service providers from liability for user content. Roughly, that means Google isn't liable for copyright infringement on YouTube in general : it can only be liable for infringing specific

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copyrighted works, and since YouTube pulls videos as soon as anyone complains, it can't get in trouble.

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